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(영문) 서울남부지방법원 2015.09.09 2015고정1449
게임산업진흥에관한법률위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person who operates the PC in the name of “C” on the third floor in Gwanak-gu in Seoul Special Metropolitan City.

Any person who intends to engage in the business of providing Internet computer game facilities, such as the operation of the PC room, shall prepare facilities prescribed by relevant Acts and subordinate statutes and register with the competent authority.

Nevertheless, from April 2, 2015 to April 30, 2015, the Defendant operated the said “C” with the trade name of the said “C” without any registration of the competent authorities, and run the Internet computer game facility providing business.

2. Article 2 subparag. 7 of the Act on Promotion of the Game Industry refers to a business of providing necessary machinery and equipment, such as computers, and allowing the public to use game products or use other information-providing products incidental thereto. Thus, “business of providing Internet computer game facilities” means a business of providing necessary machinery and equipment and providing information so that the public can use game products incidental thereto and other information-providing products incidental thereto.

However, it is not enough to recognize that the evidence submitted by the prosecutor alone is the principal business of allowing the defendant to use game products, and that the defendant conducts incidental business of allowing other information provision to use other information provision, and there is no other evidence to acknowledge it.

[Defendant appears to have been mainly engaged in providing services that enable customers to see the film using the Internet connection program or make a cinematographic call, etc. after completing business registration with location B and 302 in Gwanak-gu in Seoul Special Metropolitan City, the location of the service industry, the category of the business, and the entertainment. Therefore, the facts charged in this case constitute a case where there is no proof of crime, thereby not guilty under the latter part of Article 325 of the Criminal Procedure Act, and Article 58 of the Criminal Act.

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